Terms and conditions of the use

The following provisions are considered to be general terms and conditions for the use of all services that are offered by the provider to the client (then only the customer) as from the 1st of December 2011.

These terms of use are in regard to all relations between the provider and the customer. It is possible to make individual terms after an agreement with the provider.

Provider

The service provider is the company concerned that is stated in the contact information on all internet sites as the service provider.

Customer

Anyone, who fills out an order form for the services provided on the internet sites by the provider and consequently sends the filled order form by clicking the key on the form through the internet to the provider, becomes a customer.

Other possibilities of sending the form are by fax, mail or telephone. By sending this form each customer agrees to use these terms and conditions. A legal relation between the provider and the customer begins with all the consequences stated in this contract arrangement and with all consequences similar to cases of legal unwritten agreements that legal judicial code assumes.

User registration

All data entered during registration and also in other forms and orders has to be true. In case of any change of these data the customer is obliged to change them or ask for their change. It is possible to change data on-line directly through the web interface of the provider.

The registered user (customer) is fully responsible for all orders, demands and activities made through the administration account of the provider’s administration.

The registered user (customer) is fully responsible for everything that takes place on his account in connection with anybody else finding out his/her account’s name or password, which will not be caused by the provider.

The registered user agrees that the provider will send him emails with the information about novelties of the provider’s companies’ offers.

The registered user (customer) agrees that the information about the customer (with the exception of personal data to which special laws apply) will be used for marketing purposes of the provider. Excerpts from the e-mail correspondence between the provider and the customer may be used for marketing purposes without prior agreement.

Nonstop care

The provider ensures nonstop care over all customer services.

Domains

Domain name is lent to the customer by the domain administrator name (relevant registrar), who fees for renting the domain are paid to. The provider is the technical administrator of the domain, not it’s owner or payer. The provider is eligible to sell customer data to a different registrar and the customer agrees with the rules of the relevant registrar for the relevant suffix of the registered domain name.

Web hosting

During ordering the services the customer is obliged to fill out the registration form correctly and truly on the address www.qsh.sk via an order blank. In case of nonsensical or false data the hosting will not be arranged. For this hosting program apply same general rules as for the Web hosting.

Without prior agreement we do not provide hosting for servers, virtual servers and web sites (further both called only “servers“):

providing or distributing content, which is in conflict with law of the given country and international agreements to which this country is obliged

propagating suppressing human rights and the rights of minorities or individuals

containing erotic or pornographic material

warez and crack servers and so on

download servers

servers providing illegally gained software and information with the aim of further sale or provision of this material to third persons

chat servers

servers oriented at bulk messaging, spam, sending spam or giving references to it

servers containing above average number of multimedia files which mainly serve for their downloading

customers’ servers, which damage the name of the provider or the provider’s workers

servers whose content is in contrast with good morals

servers with sensitive or secret content

whatever servers which may even partially be put into any of the categories stated above

In case the customer (without prior consent) hosts on the server of the provider a web which contains any of the areas stated above, the provider has the right for compensation of all the expenses and all damages connected with this. If finding any violations or if any of the points mentioned above are violated, the provider has the right to cut off all services to the customer with an immediate validity and at the same time has the right to give the customer an immediate notice.

In case the customer on the basis of his own decision during the contractual relationship decides to change his DNS record or the information about the technical administrator of his domain, it is not the provider’s duty to provide services in the appropriate quality.

Student hosting and/or student discount

For providing services of the hosting program Student hosting it is necessary from the side of the customer to fulfill the following requirements:

ISIC/ITIC card or another document showing he/she is studying and further documents of prolongation of the term of studying are necessary to be sent within 15 days of signing the agreement of providing services of the program Student hosting, or the termination of the validity of the previous document for free provision of these services in the following period.

age until 26

the content of the sites is assigned only for educational purposes, propagation and development of education or for other non-commercial use

The same general rules as for Web hosting and Free hosting apply to this hosting program.

Freehosting

The provider offers a number of free services including the program Student hosting and certain variants of the program Web hosting. The provider does not provide any guarantees for the provision of free services (including the services with a registration fee) and is not responsible for the quality of these services.

Freehosting service is available only for non-profit and non-commercial use for web site development, testing or personal use.

We do not provide freehosting for servers, virtual servers and web sites (further both called only “servers“):

containing third party advertisements, promotions or commercial messages

providing or distributing content, which is in conflict with law of the given country and international agreements to which this country is obliged

propagating suppressing human rights and the rights of minorities or individuals

containing erotic or pornographic material

warez and crack servers and so on

download servers

servers providing illegally gained software and information with the aim of further sale or provision of this material to third persons

chat servers

servers oriented at bulk messaging, spam, sending spam or giving references to it

We may remove any material that, in our sole discretion, may be illegal or may subject us to liability. We also may remove not used or inactive freehosting web site.

Guarantees

The provider will ensure ceaseless flow of the services ordered by customers who have paid including connection and access of other users of the site Internet.

For all the variants of the services there exists a guarantee introduced in the description of the given service and the rules given below.

The provider does not guarantee customers (or third persons) any financial or material losses or losses of another character caused by the nonfunctioning of services, the server or the damage or loss of data. The discount of monthly payments is not in any way or in any measure related to the loss of network of the provider’s direct exchange line.

It is not possible to use the discount until all payments are properly paid or until all the payments for providing service are on time and properly paid or the hosting is canceled by the customer and this customer is in waiting period for being canceled. It is possible to reclaim the outages within 7 calendar days from termination or interruption of the outage. The later reclaiming is not being taken into the consideration because of the complicated or often impossible authentication of the outage.

The, “ping” is forbidden for all servers of the provider; therefore, the inaccessibility of the server through ICMP packets cannot be considered to be a server outage.

The provider always publishes on his internet pages www.qsh.eu the list of important outages and malfunction. In case of longer period of outage, there will be as a part of the information also the duration estimate of malfunction.

The discounts and compensations do not refer to any outage of availability of services, which are not demonstrably caused by the provider.

The decisive point of view for considering if an outage does or does not concern, is an overview of outages of on-line monitoring of the provider. This monitoring monitor all services of the provider and the result is in the real time published on the internet in the customer administration. This monitoring also supervises the accessibility and reliability of the provider’s connectivity to the internet. No discounts refer to the outages of internet junctions or to the connectivity of the customer to the internet and to any malfunction of network services of the third persons.

Provider is liable only for damages incurred by the customer proven the fault of the provider, but not exceeding the monthly amount of paid service , except as excluding liability under the law, when a provider is not obliged to pay for the damage caused to the customer.

In case of failure or faulty services under the contract is the provider's liability is limited to the obligation to promptly rectify the fault and proportionately reduce the price respectively return wrongfully charged and the amounts recovered (or improperly billed the difference between the price and the actual price for the service provided). The Provider is not obliged to compensate customers, respectively. service users, damages or lost profits as a result of failure to provided services or faulty services.

The customer declares that it will not collect the provider any lost profits due to loss of service.

The customer does not have a right to get any compensation or loss of profit, which are over the scope of all stated above.

The customer is responsible for any damage caused to the provider or to third persons (mainly to other customers); for example, on the sever of the provider (within his area) he/she will initialize not suitable and overloading scripts, which lower the speed of the machines response of the provider or the availability of the sites of the third persons.

Outages

The provider has a right to make a planned outage on each service. The outage serves for performing necessary safety software upgrades and for upkeep or change of the hardware. This planned outage is obliged to be announced by the provider on the internet pages www.qsh.eu 24 hours at the latest before the planned outage. The provider will aim to perform the outage out of rush hours; specifically, on the night-time or on weekends and on holiday.

Payment terms

The customer undertakes to comply with all the payment rules stated on the order. The invoicing cycle of individual services provided by the provider to the customer are done according to the order. In the order, the customer chooses for what time period he/she wants the invoice to be issued. The price and eventual reductions or extra charges are made on the basis of the choice of this time period. The invoice is made in form of an advance payment if not stated otherwise. For each payment, the provider issues an advance payment invoice. The invoice is sent together with an informing application on the e-mail, which is stated in the order and at the same time to the e-mail created by the provider as an administrative one, i.e. the e-mail "webmaster"@"customer-domain"."extension". The customer is offered by 10 days maturity. In serious cases and in justified cases (illness, long term absence) it is possible to agree on a delay of payment.

The invoicing amount should be put to account on the seventh day at the latest; otherwise, it is considered as not been paid. The provider reserves 14 days to establish or renew ordered service.

Until the customer pays within 7 days after maturity day, the provider may disable, block or cancel the relevant service and at the same time the provider has a right to put the warning of non- payment on his pages and to publish him on the dodger’s database.

In the case of services, which end on the expiration date (eg domains) then services can be canceled on expiration date. In some cases for some services if required to renew services before expiration date (some international domains) and it is necessary to pay the service before that date.

In case the customer wants the provider’s provision of services to be finished, but he prepaid the services for longer time than he really uses or for period that is longer than the termination, he does not have a right to get back certain amount of the prepaid, which he/she paid to the provider but has not used yet or will not use.

Contractual relationship

On the basis of § 269 (2) of Commercial Code the contractor enters the contractual relationship, which is subjected to providing computer time of server connected to the Internet network in aid of the provider following the conditions stated below. The contractual relationship is being contracted for an indefinite period.

If the customer wants the provider’s provision of services to be finished, there is a written notice needed. Accepting the notice will be announced to the customer by return e- mail. The substitute option for sending the notice to the provider is by post- by registered letter- to provider’s official address. There is no other possible way to cancel the services.

Termination of the provider’s services (contractual relationship) in trial period is possible only by giving the concrete and specific reasons of canceling the service. These concrete reasons serve to the provider for improving the quality of provided services to the customers. The canceling notification (without the reasons for termination notice) has to contain simultaneously information that the canceling service in trial period is concerned, then it has to contain data about the customer, which have to be consistent with invoicing database, and the name and the password for the administration. Canceling the service in trial period is possible only by the last day of the trial period.

Termination of the provider’s service (contractual relationship) after the trial period is possible by sending the notice based on said concrete and specific reasons (these concrete reasons serve to the provider for improving the quality of provided services to the customers) only if the following conditions and rules are met. The customer has to have paid all the existing obligations towards the provider. The notice period is fixed to 2 months. This period has to be covered if the service is canceled. Until the customer during the notice period changes the provider of the service (including the change of DNS record) he/she is obliged to pay the following period and is also obliged to pay the provider the issued invoice for the following time period.

The termination notice is considered to be delivered by the day of receiving the registered letter or by the second day after sending e-mail containing the termination of the services on the one of the addresses stated above.

Until the customer has paid the taken away services or violated or is violating the conditions, the provider has a right to terminate the signed contract with an immediate validity. In case the conditions are violated by the provider, the customer has a right to terminate the signed contract with an immediate validity.

The provider sends the termination notice to customers by an e-mail on e-mail address stated as a contact address on the order.

Other agreements

In case a customer does not pay the amount of the invoice for the provided services properly and on time, the provider has the right to take the above mentioned steps. The reestablishment of the operation is possible only after the settlement of all debts and after the payment of the operation for a longer period of time. By paying is meant in these circumstances a condition where the provider has the possibility to fully manage the money resources.

In case the customer does not pay all his debts towards the provider and transfers his services to another provider, the provider does not lose the right to receive this whole amount and he also has the right for compensation of all the caused damages.

Both parties agree that during the contractual relationship and after the termination of the contractual relationship and cooperation they will keep in secrecy all information concerning the services provided by the provider. This does not reduce or limit any claim to any damages caused by breaking the oath of silence. Both parties commit themselves that without prior written consent of the second contracting party, they will not provide any information to a third party. The exception is the advertisement of marketing information of the provider about its clients, which will be used on the websites of the provider and perhaps even in the provider‘s e-mail correspondence. The second exception is the breaking of the oath of silence in case of the provider giving information to the organs of justice or organs concerned with finding out criminal offences if these organs ask the provider for this information. Another exception is the provision of positive references and recommendations concerning the good quality of services by the provider to a third party.

Conclusion

All agreements and regulations between the provider and the customer are liable to all laws and regulations of the Czech republic.

The provider may at any time change these above stated conditions with validity and enforcement from the next calendar month.

These contract conditions are valid from the 1st of December 2011. The contractual conditions are related to all the services provided by the provider.